Impounding of Vehicles (Chapter 46.55 RCW)
Contents
- About Vehicle Impound
- Statutes and Regulations
- General Impound Ordinances
- Impoundment of Vehicles - Drivers with Suspended or Revoked Licenses
- Related MRSC Web Pages
About Vehicle Impound
RCW 46.55.113 authorizes police officers to impound vehicles under the following circumstances:
- when vehicles are abandoned on public ways as defined by RCW 46.55.113(a);
- when it is obstructing traffic or jeopardizes public safety, RCW 46.55.113(b);
- when there has been an accident, RCW 46.55.113(c);
- when the driver of a vehicle is arrested and taken into custody, RCW 46.55.113(d);
- when a vehicle has been discovered stolen, RCW 46.55.113(e);
- when an authorized vehicle is parked in a disabled person space, RCW 46.55.113(f);
- when a person is operating a motor vehicle without a valid driver's or expired license, RCW 46.55.113(g);
- When a vehicle is illegally parked in a the zone designated for special use and where the vehicle is interfering with the proper and intended use of the zone, RCW 46.55.113(h);
Additional authority for vehicle impounds includes:
- when abandoned on private property creating a nuisance (junk vehicles), RCW 46.55.230
- when arrested for a suspected violation of patronizing a prostitute, RCW 9A.88.140
- drug seizures under RCW 69.50.505
Some jurisdictions adopt the provisions of RCW 46.55 by reference or have adopted the Model Traffic Ordinance. Others basically restate the provisions in local ordinances and often include detailed provisions, such as those of RCW 46.55.113(g) with a list of parking provisions subject to towing . Under RCW 46.55.240, a city, town, or county may, by ordinance, authorize other impound situations that may arise locally upon the public right-of-way or other publicly owned or controlled property. A few jurisdictions have added a provision to impound vehicles for unpaid parking fines. Most jurisdictions have adopted the Model Traffic Ordinance (MTO). Cities, towns, and counties should carefully review the MTO before adopting or amending supplemental vehicle impoundment provisions
Statutes and Regulations
- Chapter 46.55 RCW - Towing and Impoundment
- RCW 46.55.113 - Removal by Police Officer
- RCW 46.55.230 - Junk vehicles -- Removal, disposal, sale -- Penalties -- Cleanup restitution payment
- RCW 46.55.240 - Local Ordinances - Requirements
- Chapter 308-61 WAC - Unauthorized and Abandoned Vehicles
- WAC 308-330-406 (Model Traffic Ordinance) - RCW sections adopted -- Abandoned, unauthorized, and junk vehicle tow truck operators
General Impound Ordinances
The provisions cited illustrate where a local government has written a separate section covering impoundment.
- Bainbridge Island Municipal Code Chapter 10.32 - Vehicle Impound
- Fife Municipal Code Section 10.04.090 through 10.04.320 - Administration and Enforcement - Impoundment
- Lewis County Code Chapter 10.30 (
310 KB - Vehicle Impoundment and Redemption
- Mercer Island Municipal Code Chapter 10.22 - Impounding
- Seattle Municipal Code Chapter 11.30 - Impounding
- Seattle Consumer Affairs Police Impound Contracts, Fact Sheet No. 8
Impoundment of Vehicles - Drivers with Suspended or Revoked Licenses (RCW 46.55.113)
- Bellevue Ordinance No. 5109
- Island County Ordinance No. C-105-98
- Marysville Ordinance No. 2221
- Seattle
- Seattle Ordinance No. 119180 before being amended by Ordinance 121483 in 2004
- Seattle Ordinance 121483 relating to the impoundment of vehicles, amending Sections 11.30.105 and 11.30.120 of the Seattle Municipal Code
- History and proposed amendment to Seattle's Impound Law, Urban Politics #180, 5/20/04 by Councilmember Nick Licata
- Council Committee Votes to Eliminate Vehicle Impounds for DWLS-3, News Release 5-18-04
- Yelm Ordinance No. 646

